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HomeMy WebLinkAboutRes 2010-12-22 Development Agreement with Robert and Kelly Burgess.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010-12-22 A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA AND ROBERT AND KELLY BURGESS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. WHEREAS, the City of Anna, Texas (the "City") and Robert and Kelly Burgess (the "OWner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government Code Development Agreement (the"Agreement"); and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that approval of the Agreement is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The City Council hereby approves the Agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on behalf of the City. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of December 2010. ATTEST: Res. 2010-12-22 Development Agreement with Kelly Burgess.doc Page 1 of 1 12-14-10 STATE OF TEXAS ) ) COUNTY OF COLLIN ) CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Anna, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin County, Texas as shown in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Collin County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of· this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreemene However, if the Property is annexed pursuant to the provisions of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of Texas Local Government Code. Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for any existing single-family residential use of the Property, without the prior written consent of the City. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's AG-Agricultural District zoning requirements apply to the Property, and that the Property shall be used only for AG-Agricultural District zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees that the Owner will not in any manner contest any annexation of the Property initiated by the City under this Section or any annexation of the Property completed by the City after the Term of this Agreement. Section 4. Pursuant to Sections 43.035(b)(l)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. This Agreement is effective as of the date that both the City and the Owner have duly approved, executed and delivered this Agreement. The initial term of this Agreement (the "Initial Term") is five (5) years from the effective date. Upon expiration of the Initial Term, this Agreement shall automatically renew for one (1) additional extension term of five (5) years each unless-at least 120 days prior to the expiration of the Initial Term or any extension tenn--the City or Owner provides written notice as set forth in Section 15 of this Agreement that either party intends to terminate the Agreement upon expiration of the Initial Term or any extension thereof, as applicable. The "Full Term" of this Agreement is defined as the period beginning on the effective date and ending on the date that this Agreement terminates. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Full Term, for annexation of the Property to be completed on or after the end ofthe Full Term. Prior to the end of the Full Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction any of the owners may submit or initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as AG Agricultural District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, gives written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agriCUltural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City as set forth in Section 15 of the Agreement. Section 8. This Agreement shall run with the Property and be recorded in the real property records of Collin County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Section 15. All Notices and other communications hereunder shall be in writing and shall be deemed to be given when delivered in fully legible form by postage prepaid certified mail, return receipt requested. Notices shall be addressed to City or Owner and their respective legal representatives at the addresses set forth below: Ifto City: City Manager City of Anna P.O. Box 776 III N. Powell Parkway Anna, Texas 75409 With Mandatory Copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 205 Frisco, TX 75034 Entered into this l!f-day of cD C£~201O. THE STATE OF TEXAS } COUNTY OF COLLIN } ~ This instrument was acknowledged before me on th~r day of &'(~/, 2010, by Philip Sanders, City Manager, City of Anna, Texas. Hili'll J Wllkiaon M~Commlaaion Expires 11111111013 THE STATE Ot\TF.\XAS } COUNTY OF _.ll-,,--~---,-_ ThiNn~qnt W acknowledged before me on the iUday of D..e. (.... 2010, by K,u_h,cl ,j ..J r ,\1.c,J , Owner 1. nJ.JwJ, V~Notary~bhC, State ofTexas Owner 2 Printed Name: _K_,t..._\_l~--+-_A_._1S_V--,(I:......~-+t=-$_5_ THE STATE OF TEXAS} COUNTY OF eo< • ~ } This instrument was acknowledged before me on the l#'hay of ~.. , 2010, by fC'e. «E:rl A... ~, , Owner 2. --------------- " Notary Public, State of Texas Owner 3 Printed Name: _____________ THE STATE OF TEXAS} COUNTY OF } This instrument was acknowledged before me on the _day of 2010, by ___________, Owner 3, Notary Public, State of Texas Owner 4 Printed Name: THE STATE OF TEXAS} COUNTY OF } This instrument was acknowledged before me on the _day of 2010, by ___________, Owner 4. Notary Public, State of Texas EXHIBIT "A "